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Challenge it! ADA suit, disability claim don’t mix

by on
in Compensation and Benefits,Employment Law,Human Resources

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending.

If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

Recent case: When Kimberly LaGatta was terminated, she claimed the reason was that she suffered bouts of depression, a condition she said did not interfere with her ability to do her job.

She sued, alleging disability discrimination. She also applied for and got Social Security disability benefits after claiming she was totally disabled.

The court tossed out her ADA case because it didn’t believe that LaGatta could, as she claimed, do her job without accommodations and then a few days later become so disabled she couldn’t work at all. (LaGatta v. Pennsylvania Cyber Charter School, No. 08-1268, WD PA, 2011)

{ 1 comment… read it below or add one }

SSDAdvocate December 13, 2011 at 3:15 pm

It appears that Ms. LaGatta is just looking for hand outs whenever she can. It is people like her that are causing such a backlog of cases at SSA offices. These benefits are intended for people who are actually disabled and cannot support themselves. If you are disabled, and would like to be connected with a specialized Social Security attorney in your area, check out http://www.socialsecurity-disability.org .

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